O.C.G.A.
O.C.G.A.

O.C.G.A. § 22-2-40 (2019)

Selection of assessors generally; authority

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The condemnor and the condemnee shall each select an assessor, and the two assessors so selected shall select a third assessor. No person shall be selected as an assessor unless such person is a real estate appraiser who has an appraiser classification of certified general appraiser granted under Chapter 39A of Title 43, the ‘‘Real Estate Appraiser and Classification Act.’’ The condemnor shall be liable for the costs of the assessor selected by or for the condemnor, the condemnee shall be liable for the costs of the assessor selected by or for the condemnee, and the costs of the assessor selected by the other assessors or by the judge shall be split equally between the condemnor and condemnee. The combined total costs of all three assessors shall not exceed $500.00 per day.

(b) The assessors selected as provided in subsection (a) of this Code section shall have no authority to decide questions of law including, but not limited to, issues of compensability.

(c) The assessors selected as provided in subsection (a) of this Code section shall have the authority to refer questions of law to the appropriate superior court prior to entering an award. Neither party shall be prohibited from appealing a question of law to the superior court after the entry of the assessor’s award.

History

Ga. L. 1894, p. 95, § 15; Civil Code 1895, § 4671; Civil Code 1910, § 5220; Code 1933, § 36-402; Ga. L. 1998, p. 1539, § 1.

Annotations

Law reviews. - For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).

Notes of Decisions
Cited in 3 cases, 1987–2014 · leading case: Dillard Land Investments, LLC v. Fulton Cnty., 761 S.E.2d 282 (Ga. 2014).
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Dillard Land Investments, LLC v. Fulton Cnty., 761 S.E.2d 282 (Ga. 2014). · cites it 4× “See OCGA § 22-2-40 (c); Thomas , 169 Ga. at *519 272.”
Dillard Land Investments, LLC v. Fulton Cnty. (Ga. 2014). · cites it 4× “See OCGA § 22-2-40 (c); Thomas, 169 Ga. at 272 .”
815 Riverside Co. v. Comm'r, 54 T.C.M. 886 (Tax Ct. 1987). “Georgia law provides that when an entity so authorized seeks to exercise its power of eminent domain, a panel of three "assessors" must be selected; the parties each select one assessor who between them select a third.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.